Shoreline building rules get review

Proposed changes in development rules along rivers and lakes in Spokane County received mixed reviews at a hearing Thursday.

About 50 people attended the planning commission meeting about revisions to the county’s shoreline management program. The county has been working since 2004 to make it compliant with new state laws.

The plan governs development 200 feet from the high-water marks along lakes, the Spokane and Little Spokane rivers, and Latah, Dragoon, Rock, Pine, Deadman and Deep creeks.

Much of the shoreline plan wouldn’t be altered under the proposal. That includes the 50-foot buffer where construction is prohibited.

Among numerous changes, the plan would create stricter regulations along dozens of miles of waterfront designated as “high-quality areas.”

No development would be allowed on that land that degrades the wildlife habitat, vegetation or other characteristics that caused it to be labeled “high quality” by the Spokane County Conservation District.

In other shoreline areas, some degradation could occur, but different portions of land would have to be improved environmentally to make up for the loss.

County road officials have expressed concern that restrictions could stop them from making improvements to existing roads.

“How are we supposed to mitigate for impacts to high-quality areas when we realign and or rebuild existing bridges?” asked County Engineer Ross Kelley, in a memorandum.

Michael Jaeger, who lives on Eloika Lake, testified that too much of the power for building decisions would rest with the county’s building director, who may not have proper ecological training. He also criticized a part of the plan that requires landowners to provide “an ecological assessment” for new development. Jaeger said that requirement would force landowners to hire an expert at great expense.

“There’s no clear means to counter the director’s decision,” Jaeger said. “It puts the burden of proof on the landowner.”

Lindell Haggin, who worked on a committee that helped develop the plan, agreed that the building director is given too much discretion.

“If you look at the plan as a whole it looks wonderful. It sounds good, but there are so many mays involved,” Haggin said in an interview earlier this week. “It needs to be made stronger with more language that says ‘shall’ instead of ‘may.’ “

Haggin pointed to a section that says a permit for development “may” be denied if it doesn’t meet shoreline rules.

No decision on the plan was made Thursday. Spokane County Commissioners and the state Department of Ecology will make the final ruling on the plan.

Doug Pineo, a Department of Ecology shore lands specialist, said some aspects of the plan contradict other county rules. For instance, part of the county’s critical-area ordinance says the buffer between new development and the high-water mark is 250 feet.

Those differences will need to be cleared up before the department approves the plan, he said.

“We feel strongly that we’re still in a collaborative mode,” Pineo said in an earlier interview. “We’re confident that we will resolve these issues.”